JUDGMENT

Mrs. Sukhvinder Kaur, J.

This order shall dispose of FAO-2387-2018 (IFFCO TOKIO General Insurance Company Ltd. v. Ram Singh and others) and FAO- 2496-2018 (Ram Singh and another v. Surjeet Singh and others) as both the appeals have arisen from a common award dated 13.12.2017.

2. Appeal (FAO-2387-2018) has been filed by the appellant- Insurance Company for setting aside the award dated 13.12.2017 passed by the Motor Accident Claims Tribunal, Rupnagar, whereby the claim petition filed by the claimants was partly allowed and they were awarded a compensation of Rs.15,27,000/- along with interest @ 9% per annum from the date of filing of the claim petition till the date of realization on account of death of Rajwinder Singh in MACT Case No.336 of 2016 in a motor vehicular accident that took place on 12.04.2016. Appeal (FAO-2496-2018) has been filed by appellants-claimants seeking enhancement of compensation.

3. The relevant facts are that the appellants-claimants filed claim petitions invoking the provisions of Section 166 of the MOTOR VEHICLES ACT , 1988 (for short, "the Act of 1988") claiming compensation with the averments that on 12.04.2016, Rajwinder Singh (since deceased) was coming from Jhajji Chowk side to his village Agampur on his motorcycle bearing registration No.PB12-U-8641. Rajwinder Singh was driving the motorcycle at a slow speed, on his left hand side. At about 8.00 P.M., when he reached near the turn of Crushers, in the area of village Agampur on Garshankar main road, then a Maruti Dzire Car bearing registration No.PB- 12-V-5021, being driven by respondent No.2 (driver) in a rash and negligent manner and at a very high speed, came from the back side and hit the above said motorcycle. Due to the collision, appellant-claimant sustained multiple grievous head injuries, compound fractures on his body and he died on 12.04.2016, on the way to PGI, Chandigarh. On the statement of Prithvi Singh, FIR No.40, dated 13.04.2016, under Sections 279 , 304-A and 427 IPC was registered at Police Station, Anandpur Sahib against the said driver.

4. It has been averred in the claim petition that Rajwinder Singh (since deceased) was the only child of the claimants. He was 22 years old and was a student of B.Tech, final year (Civil Engineering) at Global College, Khuhi and was under training with M/s Vishesh Kumar Contractor and was drawing Rs.8,000/- as a stipend. His placement took place in the same company on annual package of Rs.3,60,000/- P.A. He was having a bright future and had also applied for government job for Junior Engineer and was likely to earn handsome salary. The claimants being old aged remained ill and deceased was the only hope of the claimants. Due to sudden demise of their only son, they have suffered irreparable loss and they have been deprived of love, affection, care, help, comfort and society of deceased. Claimants have spent more than Rs.2,00,000/- on transportation and last rites of deceased. It has been prayed that compensation of Rs.80,00,000/- be given qua death of Rajwinder Singh.

5. The driver-Sukhwinder Kumar, owner-Surjeet Singh as well as insurer-IFFCO TOKIO